Volunteering in the United States can be a rewarding way to give back to the community and gain valuable experience and contacts (it can also be a great way to make friends). However, for those on an E-3 visa, a specific type of work visa designed for Australian professionals, understanding the nuances of volunteer work is crucial to staying compliant with US immigration law.
So what's the difference between free and unpaid volunteer work? What's the legal landscape surrounding volunteering on a work visa? And how can you safely and legally volunteer on an E3 visa?
E-3 Visas: Navigating the Legalities of “work”
E-3 visas are primarily intended for work with a specific employer in a designated field. There may be many reasons where providing your personal and professional assistance would be beneficial to yourself and others, however that doesn't make it legal. The law is very clear that you are only permitted to “work” for the employer stamped in your passport.
Certain volunteer activities might be permissible, such as those related to charitable causes or community service, provided they don't constitute “employment” and the distinction of what is employment vs. volunteering is at the core of this question. What is volunteering, and what is doing some work without being paid?
Free vs. Unpaid Volunteer Work: Understanding the Distinction
At the core of this, like so many things, is whether your duties, roles, and responsibilities pass the sniff test. In this case, the question is “is this work?”
Free and volunteer responsibilities involve activities done without any compensation or expectation of payment. In these roles it's not normal for people to be paid, and nobody would be expected to be paid. This is typically work performed for charitable, religious, or humanitarian purposes. Volunteering at homeless shelter, or handing out food on a weekend fits into this space. Nobody there would be paid for the work you're doing.
Unpaid volunteer work, in contrast, can sometimes blur the lines with employment. This might involve activities that would typically be paid, but the individual chooses to do them for free. Doing the marketing for an organization, or spending two days a week in an office providing assistance might not be paid work, and might be worth it for your personal growth, however it might be getting to close for comfort when it comes to operating outside the bounds of your E3 visa.
So what do you need to think about when it comes to free vs. unpaid work? As always, we recommend speaking to an immigration attorney if you even remotely think that you are straying out of the course of volunteer work, however the best way to think about this is whether anyone else is getting paid for the role right now, or has been in the past. If there could be a discussion about you getting paid for the role (even if you'd turn it down) it's too close to work for you. Avoid it if you're on an E-3 visa.
Can I sit in a Board or professional position?
The short answer is yes, you could. Volunteering can take many forms and with an E-3 visa that's not limited to just work that requires physical labor or a limited amount of time doing “charity” roles.
You can sit on a Board, provide professional advice, or connect your personal and professional personas: So long as you follow the advice above about the scope and specifics of the role.
Here are a few questions you should ask yourself:
- Are others in this position or on this Board being paid?
- How does my role differ from theirs?
- Did the person before me get paid for this role?
- Would others reasonably expect there to be an option to be paid for this role?
- Taking out all the specifics, and speaking objectively, if you looked at someone else in this role, would you have expected they be paid for it?
Try and distance yourself from what you want and think about how it looks to an outsider. US immigration is no joke, and you shouldn't ride the line of “I could make an argument as to this” – and instead you should steer well clear if you want to keep your visa renewed in the future.
Tips for E-3 Visa Holders Seeking to Volunteer
The one thing I truly don't want to do with this article is scare you off volunteering because volunteering is so crucially important to so many organizations and society at large. So a few tips for choosing volunteer roles:
- Choose Carefully: Prioritize volunteer opportunities that clearly fall within the realm of charitable or community service. Avoid activities that could be perceived as employment.
- Document Your Volunteer Work: Keep records of your volunteer activities, including hours worked and any agreements you've made with the organization.
- Clearly specify, in writing, that you are not permitted to receive payment and don't expect payment for your work and that you are under the impression that this would not be normal.
- Consult an Attorney: If you have any doubts about the legality of a volunteer position, seeking legal advice is always the safest course of action.
- Avoid things too close to politics: As there are many other laws related to contributions from foreign nationals, avoid political party involvement and of course any monetary donations.
